PART 827 RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES : Sections Listing

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER f: EDUCATIONAL FACILITIES
PART 827 RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES


AUTHORITY: Implementing Sections 10 and 11 and authorized by Section 3(f) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/10, 11 and 3(f)].

SOURCE: Adopted at 11 Ill. Reg. 6500, effective March 27, 1987; amended at 12 Ill. Reg. 14700, effective September 2, 1988; amended at 17 Ill. Reg. 6260, effective April 5, 1993; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9325; amended at 23 Ill. Reg. 10249, effective August 10, 1999; amended at 38 Ill. Reg. 20215, effective October 8, 2014.

 

Section 827.5  Definitions

 

Definitions for this Part can be found at 89 Ill. Adm. Code 751.

 

(Source:  Added at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.10  General Applicability

 

a)         School staff shall maintain discipline at the School to ensure the proper conduct and safety of the students.  In all matters relating to the discipline and conduct of the students, staff are "in loco parentis" (in place of a parent) to the students.  This relationship shall extend to all activities (both on and off campus) that are connected with the School program and may be exercised at any time for the safety and supervision of the students in the absence of their parents or guardians.  Nothing in this Section affects the authority of the Department to establish rules with respect to discipline.

 

b)         Disciplinary action taken by staff at the Schools will be progressive in nature and will be in response to the seriousness of the infraction, the student's age and disability, and the number of times the student has been involved in similar behavior.

 

1)         The Superintendent (or his or her designee) shall judge each student's case individually and his or her decision shall be based upon consultation with staff, consideration of all relevant factors, and the requirements of the Rights, Responsibilities and Procedures Handbook (Handbook). 

 

2)         The Handbook, which is updated annually, contains information regarding discipline and code of conduct.  It is provided to students and their parents or guardians upon admission to the School and to students, parents or guardians and staff at the beginning of each school year.

 

c)         Parents or guardians will be notified and informed of the disciplinary action taken by the School. In cases of suspension and expulsion, the parent or guardian will be notified of the action taken by the State School and of the right to appeal the action.

 

1)         Notification by the School will be done immediately in person, by telephone or by written notice.

 

2)         Parents or guardians of students over the age of 18 years will also receive notification.

 

d)         In addition to the disciplinary action described in Section 827.30, financial restitution will be required when damage results from a student's behavior that requires disciplinary action, and when that damage is to State property.

 

1)         When the amount of damage is determined, the responsible student will be required to pay the cost of the damage, upon notification by the Superintendent.

 

2)         The student, parent or guardian is responsible for establishing and following through with a plan for repayment. 

 

3)         If the student and/or parent or guardian refuses to cooperate or to follow through on the restitution payment, consequences may include the withdrawal of the student's special privileges (i.e., extracurricular activities, graduation).

 

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.15  Accessibility of Information

 

Written and verbal information or communication regarding a student's conduct and the School's policies, procedures and disciplinary actions regarding student conduct shall be made available to students, parents and guardians in their native language, in their preferred mode of communication and in a format that is accessible for their use.  This shall include interpreter and translation services for individuals whose primary language is other than English.

 

(Source:  Added at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.20  Infractions by Students

 

Infractions of School policies, including violations of the rules of conduct, may result in disciplinary action.  The specific rules of conduct are provided in the Handbook that is provided to students and parents or guardians upon admission to the School and annually thereafter at the beginning of each school year.

 

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.30  Disciplinary Actions

 

a)         Disciplinary actions may be issued by school staff, as set forth in this Section and in accordance with Section 827.10. No teacher or staff member may use corporal punishment of any form, and may not in any way physically, verbally, emotionally or sexually abuse students.

 

b)         A review of the recommended discipline shall be completed to determine if a behavior management plan is in effect, or if one is needed prior to any disciplinary action being taken.

 

1)         A behavior management plan shall not be developed for items listed in subsections (c)(1) through (4).

 

2)         A behavior management plan shall only be developed for serious infractions.

 

3)         If the student has a behavior management plan, the Individualized Education Plan (IEP) team shall meet to review the plan and its implementation, and modify the plan and its implementation as necessary.

 

4)         IEP meetings shall be held 10 working days prior to any discipline involving a change in placement or suspensions of more than 10 days in the aggregate for a School year.

 

5)         89 Ill. Adm. Code 830.150 (Behavior Intervention) identifies behavior intervention techniques that may be utilized.

 

c)         The following disciplinary actions may be issued by School staff:

 

1)         Counseling – Any staff person working directly with students may discuss  a relatively uncomplicated matter with a student.  Ongoing or complex counseling requiring specialized professional skills must be reported to the supervisor, who will make the appropriate referral and who will inform the Superintendent via chain of command.

 

2)         Verbal reprimand – A verbal reprimand may be issued by the supervisor for any inappropriate behavior when behavior is not consistent with School policy or acceptable conduct.

 

3)         Written reprimand – A written reprimand can be issued by education,  dormitory and administrative staff if they observe the student in activities that warrant such action.

 

4)         Referral to principal's office – Teachers may send a student who is disruptive to the principal's office during the class period.  The principal will take action based upon the teacher's referral and will decide upon further discipline, if appropriate.

 

5)         Retention after School – A teacher may retain a student for up to one hour a day for 3 days per School year without approval of the teacher's supervisor.

 

6)         Detentions – Teachers may refer students for detentions to their respective principal or his or her designee.  The principal will review the matter and determine if and when a detention is assigned to a student.

 

7)         Withdrawal of Privileges – Privileges, such as social activities, may be withdrawn by appropriate staff and/or School administrators based upon the seriousness of the student's infractions.

 

8)         Contract – A contract is a written agreement that the student, educator and administrator compose together with the goal of modifying the student's behavior within a designated time period.

 

9)          Schedule change – Staff working directly with a student may recommend schedule changes that they believe will help resolve a disciplinary problem and will benefit the involved students.  The changes may not be made without the prior written approval of the principal and the supervisor of residential care.

 

10)          Restriction to campus – A student may be restricted to campus with the prior approval of:

 

A)        the principal or the supervisor of residential care, depending upon where and when the infraction occurred, if the recommended period of the restriction does not exceed one week;

 

B)         the Superintendent if the recommended period of restriction is over one week; however, this authority may not be delegated if the recommended restriction is 2 weeks or more.

 

11)          Structured study – A guided after school instructional program in which students complete classroom assignments.

 

12)          Selective isolation – A guided instructional program, conducted in a setting away from other students, but during the school day, designed to help students concentrate on their academic program and at the same time receive counseling and an education time block focusing on the particular infraction that occurred.  This disciplinary alternative to suspension must be approved by the Superintendent prior to implementation.

 

 

A)        Residential care staff or their supervisors may recommend to the Superintendent the suspension of a student from the dormitory but not from the School for a specific number of days, but the suspension shall not become effective until the Superintendent has:

 

i)          held an in-house Eligibility Review (ER) to determine whether that action is appropriate in relation  to the disciplinary infraction;

 

ii)         held a discussion with the student's parents or guardians and has determined that an appropriate alternative living arrangement will be made by the parents or guardians for the student during the period of the suspension;

 

iii)        notified the DHS-DRS Director, or his or her designee, of the pending action and the reasons for it; and

 

iv)        notified the local school district of the pending action.

 

B)        If the IEP contains residential components, an IEP meeting must be held prior to implementation of disciplinary action.

 

14)          Expulsion from the dormitory but not from the School – Residential care staff or their supervisors may recommend to the Superintendent the expulsion of a student from the dormitory, but not from the School, but the expulsion shall not become effective until the Superintendent has reviewed all relevant facts and has:

 

A)         held an in-house ER to determine whether that action is appropriate in relation to the disciplinary infraction;

 

B)         held discussions with the parents or guardians and determined that they will provide an appropriate, permanent, alternative living arrangement for the student;

 

C)         discussed the legal implications with the DHS Legal Unit;

 

D)         received prior approval for the action from the DHS-DRS Director or his or her designee;

 

E)          notified the local school district of the parent or guardian and student's residence of the pending action; and

 

F)          revised the student's IEP.

 

15)         Suspension from School – The suspension shall not become effective until the Superintendent has reviewed all relevant facts and has notified the parents or guardians by telephone.

 

A)        The phone call shall be followed by written notification sent to the parents or guardians, with a copy sent to the local school district.

 

B)        Notification must be made within 10 school days from the date of completion of the review.

 

16)         Expulsion from School – Expulsion from the School can only be done with the prior approval of the Director of DHS-ORS. 

 

A)        Change of placement will only be used for cases of serious infractions that pose a significant threat to the safety or rights of the student or others. 

 

B)        The student can be immediately suspended for up to 10 days pending an investigation of the situation by the Superintendent.

 

d)         The DHS-DRS Director or designee must expel a student who brings a gun or dangerous weapon on campus and the expulsion shall take effect immediately as required by the Gun Free Schools Act (20 USC 8921) and Section 10-22.6 of the School Code [105 ILCS 5].

 

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.35  Effective Date of Discipline

 

a)         All discipline will take place immediately or in the time frame established by the staff person determining the discipline.  Consideration shall be given for students who have, or who require, a behavior management plan as outlined in Section 827.30.

 

b)         In cases of suspensions of 10 days or more, changes of placement, or expulsion, the action taken will not take place until an appeal, if taken, has been exhausted, unless the situation poses a danger to the student or others, or the expulsion is required by the Gun Free Schools Act and Section 10-22.6 of the School Code.

 

1)         If expulsion is a result of the student having a weapon, the local school district is responsible for securing an alternate placement of the student for a minimum of 45 days.

 

2)         An IEP will be scheduled by the local school district to determine appropriate placement after the 45 day alternate placement period. 

 

3)         The School is not responsible for providing interim services to students; however, if appropriate, the School will provide technical and program assistance for students returned to the local school district or Local Education Agency (LEA).

 

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.40  Appeals of Disciplinary Actions

 

a)         Actions taken by DHS-DRS in conformance with this Part are appealable through procedures set forth in this Section.

 

b)         In cases of suspensions of more than 10 days and changes of placement including expulsion, the proposed discipline will not take place until the appeal has been exhausted, unless the student is a danger to self or others.  Suspensions of more than 10 days or changes of placement may be appealed directly to the DHS-DRS Director or designee or through Impartial Due Process Hearing (89 Ill. Adm. Code 828).

 

c)         If the student receiving the discipline and/or his or her parents or guardian is dissatisfied with disciplinary actions taken, they can appeal as follows:

 

1)         Step 1.  When the action is appealable under this Section:

 

A)        the student, parents or guardians may request a meeting with the staff person who imposed the disciplinary action within 3 school days after learning of, or being informed by the School of, the disciplinary action to explain the student's, parent's or guardian's position.

 

B)        The student, parents or guardians may request the supervisor of the staff person imposing the discipline, as well as the Superintendent, to be present at the meeting.

 

C)        The meeting must take place within 4 school days after the date the request is received.

 

2)         Step 2 

 

A)        If the matter is not resolved, the student, parents or guardians  may, within 3 school days after meeting with the Superintendent, write a letter to the DHS-DRS Director requesting a meeting.

 

B)        The meeting with the DHS-DRS Director must take place within 5 working days after the date the written request is received.

 

d)         A student has the right to be accompanied by or assisted by his or her parents or guardians, or other representative of the student's choosing, at any or all of the meetings.  Any expenses that result from involving the adults must be borne by the student or some source other than the School.

 

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.50  Discharge

 

A student may be discharged from a School when:

 

a)         The student graduates from high school.

 

b)         The student reaches age 22.  The student is eligible to receive education services through the day before his or her 22nd birthday; however, 89 Ill. Adm. Code 765.30(a) shall apply to students who become 22 during the school year.

 

c)         The student's parents or guardians move out of State, unless a parent or guardian is a member of the armed forces.

 

d)         The student's parents or guardians request the discharge.

 

e)         It has been determined through an ER conducted in accordance with Section 827.60 that the student is inappropriately placed.

 

f)         The student is absent for 60 consecutive school days and the parents or guardians cannot be reached or will not provide information concerning the absence or the anticipated date the student will return.  In these cases, the School shall contact the local school district about whether the student will return (e.g., due to long term hospitalization, death, change of residence) and request assistance in locating and/or working with the parents or guardians.

 

g)         The student is expelled for behavior or a condition that is not, or does not result from, his or her disabilities, as indicated in the Illinois State Board of Education's rules for Special Education (23 Ill. Adm. Code 226.400).

 

h)         The student, when expelled, is returned to the local school district or LEA and it is the responsibility of the local school district or LEA to secure an appropriate education placement for the student.  The School is not responsible for providing interim services; however, when appropriate and applicable, the School will provide program and technical assistance, if needed.

 

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.60  Eligibility Review to Determine Whether a Student is Inappropriately Placed

 

a)         When the School's administrators, faculty members, other staff, or consultants have reason to believe that a student at the School is inappropriately placed, an ER will be conducted.

 

1)         The ER will not be limited to the student's primary disability, but will include any disability that may be relevant to the determination that the student is or is not appropriately placed at the School.

 

2)         Information contained in Eligibility Reviews to Determine Need for Modification of Educational Services (89 Ill. Adm. Code 795.30) sets forth additional requirements for the ER.

 

b)         The parents or guardians and the local school district will be informed of the reasons for the ER  and the kind of data the evaluators intend to develop. The evaluation shall be subject to parent or guardian consent.

 

c)         In interpreting ER data and in making placement decisions, the School will:

 

1)         draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;

 

2)         ensure that information obtained from all sources is documented and carefully considered; and

 

3)         ensure that the placement decision is made by a group of persons, knowledgeable about the student, e.g., parents or guardians, educators, psychologists, social workers, student care specialists, supervisors, administrators, medical practitioners and others knowledgeable about the student and/or the ER data.

 

d)         A decision to terminate the placement of a student at the School must be made in accordance with Section 827.50.  A conference will be held that includes, at a minimum, the following participants:

 

1)         A representative of each department of the School, other than the student's teacher, who is qualified to provide, or supervise the provision of, special education. These divisions include educational, residential, medical, social services, evaluation and administration;

 

2)         The student's teacher;

 

3)         One or both of the student's parents or guardians;

 

4)         The student, as appropriate;

 

5)         A representative of the local school district of parent or guardian and student residence; and

 

6)         Other individuals, at the discretion of the parent or guardian, the local school district or the School.  Other individuals are allowed who have knowledge or special expertise regarding the student, including related services personnel, as appropriate.

 

e)         The recommendation for placement will be the consensus of the conference participants, in accordance with Recommendations (89 Ill. Adm. Code 795.60).  The conference participants will document in the IEP the reasons for the termination, including the type of services the participants believe the student needs and the reasons the School cannot provide those services.

 

f)         The termination of a student's placement is an appealable issue under Impartial Due Process Hearing (89 Ill. Adm. Code 828).  The School will inform the parents or guardians of their right to request an impartial hearing should the conference recommend termination of the student's placement.

 

g)         When a student's placement at the School is terminated, the local school district or the LEA is responsible for securing an appropriate education placement for the student.  The School is not responsible for providing interim education services; however, when applicable and appropriate, the School will assist with technical and program assistance.

 

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.70  Interim Services  (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 20215, effective October 8, 2014)

 

Section 827.80  Suspensions, Changes in Placements, and Discharges of Students who are Dangerous to Themselves or Others

 

a)         Suspensions made pursuant to this Section shall be made in accordance with Section 827.30 and the Handbook (see Section 827.10(b)).

 

b)         A suspension barring the student from both the educational and the residential components of the School for not more than 10 consecutive School days in one School year is not considered a significant change in placement or a discharge.

 

c)         A suspension for greater than 10 School days in one School year for any reason is considered a significant change in placement under the Individuals with Disabilities Education Act (20 USC 1400 et seq.) and is appealable pursuant to Impartial Due Process Hearing (89 Ill. Adm. Code 828).

 

d)         The School may suspend a student for no more than 10 days in one School year when suspension is warranted due to a physical danger to the student, others, or School property that is caused by the student's presence, even when the student's behavior results from his or her disability.

 

1)         If warranted because a student is an immediate physical danger to self or others, the Superintendent, or his or her designee, may restrict a student's extracurricular activities within the School during the pendency of due process proceedings.

 

2)         The Superintendent of the School may also suspend, for no more than 10 days, a student who is an immediate danger to self or others during the pendency of due process proceedings.

 

e)         The School may not unilaterally cease to provide services to a student during the pendency of due process proceedings.  If the student, however, represents a substantial danger to self or others, the School may make a request for an expedited hearing.

 

f)         If the School's administrators, faculty members, other staff, or consultants have reason to believe that the suspended student is inappropriately placed at the School, the School shall initiate discharge procedures (see Section 827.50).

 

g)         As required under Section 827.30(d), the federal Gun Free Schools Act and Section 10-22.6 of the School Code, the School must expel a student for bringing a gun or dangerous weapon on campus.

 

h)         School staff do not have unilateral authority to significantly change a student's placement, except pursuant to subsections (d)(2) and (e).

 

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)


Section 827.APPENDIX A   Definitions for Disciplinary Action

 

The following chart provides a list of the types of offenses that may be addressed by the Schools. The Department's Rights, Responsibilities and Procedures Handbook reflects the following information regarding conduct, consequence for an offense and resulting discipline. The Handbook is updated annually and is provided:

 

a)         to new students and their parents or guardians upon admission to the School;

 

b)         to students, their parents or guardians and staff at registration;

 

c)         upon request by contacting School administration; and

 

d)         on each School's website.

 

Level 1

Definition

1st Offense

2nd Offense

3rd Offense

Tardiness

Being late to a scheduled activity one is required to attend (TAR)

Counseling or verbal warning

1 day detention

2 day detention

Littering

Discarding trash or other materials on the floor or grounds or in other inappropriate places (LIT)

15-30 minutes clean-up duty on campus

1 hour clean-up duty on campus

2 hour clean-up duty on campus

Possession of tobacco products on school grounds for students under 18

Possessing tobacco products (PTP)

Counseling or verbal warning; and

Phone parents

1 day detention or dorm restriction; and Counseling; and Phone parents

3 day detention or dorm restriction; and Counseling; and Phone parents

Failure to complete assignments

Failing to completely follow through on an assignment or duty given by a staff member (FAI)

Counseling or verbal reprimand or 1 day detention

2 day detention; and

Dorm restriction

3 day detention; and

Dorm restriction

Loitering

Remaining in an area of the school or dorm for no apparent reason after being asked by staff to leave (LOI)

1 day detention or dorm restriction; and Verbal reprimand

2 day detention or dorm restriction

3 day detention or dorm restriction

Unauthorized area

Being in an area without permission from staff (UAA)

Counseling or verbal warning

1 day detention or dorm restriction

2-3 day detention or dorm restriction; and

Phone parents

Cheating or lying

Being intentionally dishonest, untruthful or deceptive (CHE)

1 day detention; and

Counseling or verbal reprimand

2 day detention; and

Dorm restriction

3 day detention; and

Dorm restriction; and

Withdrawal of privileges (town, trips, etc.)

Dress code violation

Inappropriate attire (Ex: sagging pants, low-cut top, hat on backwards) (DCE)

Counseling and/or verbal reprimand

1 day detention or room restriction

2 day detention or room restriction

Bus or public transportation misconduct

Improper conduct while riding the bus, such as smoking, refusing to obey the bus driver or other staff, or endangering the health and safety of bus passengers (BUS)

Assigned seat on next trip

Suspension from bus privileges on next trip; and

Phone parents

Bus suspension for remainder of School year; and

Phone parents

Insolence

Being disrespectful in speech or action (INS)

Counseling or verbal reprimand or 1 day detention or dorm restriction

2 day detention or dorm restriction

3 day detention or dorm restriction 

Disruptive conduct

Inappropriate behavior or disruption of an academic, recreational, therapeutic or planned dorm activity (DIS)

Counseling or verbal reprimand; and

1 day detention or dorm restriction

2 day detention or dorm restriction

3 day detention or dorm restriction

Unauthorized petition

A student passes a petition around school or dorm without permission from authorized administrative personnel (UNP)

1 day detention or dorm restriction; and

Inform parents; and

Verbal reprimand

2 day detention or dorm restriction; and

Inform parents

3 day detention or dorm restriction; and

Inform parents

Possession and/or viewing of inappropriate materials

Holding of any material that is statutorily illegal (ILL)

Confiscate materials; and

Notify parents; and

1-3 day on- campus reassignment (OCR) or dorm restriction, depending on rating

Confiscate material; and

Notify parents and Local Education Agency (LEA); and

3-5 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and IEP-Eligibility Review (ER )

 

Non-staff possession or use of laser pointers

A student has or uses a laser pointer (PLP)

Counseling or verbal reprimand; and

Confiscate laser

2 day detention or room restriction; and

Confiscate laser

1-3 day OCR; and

Confiscate laser

Unauthorized or inappropriate computer use

Unacceptable use of computers, E-mail or Internet privileges, as outlined in the Student Use Agreement (COM)

Reference Student Use Agreement: Unacceptable Use and Consequence form

Unauthorized or inappropriate use of cellular phone, pager, Sidekick,  tape recorder, BlackBerry, camera, smart phone, gaming system, personal laptop, television, etc.

Use of school or personal equipment without staff permission (PAG)

Device confiscated and held by school/dorm staff for 24 hours; and

Parent contacted

Device confiscated; and

Parent contacted; and

Device sent home to parent at the next School break; and

Parent decides when to return the device to the child

Device confiscated for the remainder of the School year

Aggressive behavior – verbal

Verbally inappropriate and unacceptable behaviors toward another student or staff member; socially unacceptable behavior that may endanger the student, people within the surrounding environment, or the environment itself (AGV)

1 day detention or dorm restriction; and

Counseling

2 day detention or dorm restriction; and

Counseling

3 day detention or dorm restriction; and  Counseling

 

Upon 4th offense, will be documented as EXCESSIVE VIOLATIONS #41 (EXV )

Aggressive behavior – physical

Physically inappropriate and unacceptable behaviors toward another student or staff member; socially unacceptable behavior that may endanger the student, people within the surrounding environment, or the environment itself (AGP)

1 day detention or dorm restriction; and

Counseling

2 day detention or dorm restriction; and

Counseling

3 day detention or dorm restriction; and

Counseling

 

  Upon 4th offense, will be documented as EXCESSIVE VIOLATIONS #41 (EXV)

Public display of affection

Socially unacceptable and/or inappropriate physical contact during the school day and at other school and dormitory social functions (Ex: extended hugging, kissing) (PDA)

Counseling or verbal reprimand

Counseling or verbal reprimand; and

1 day detention or dorm restriction

Counseling or verbal reprimand; and

1-3 day detention or dorm restriction

Sexual misconduct (Level 1)

Sexually unacceptable and/or inappropriate sexual physical contact with another person (Ex: playing doctor, grabbing, touching) (SXI)

Counseling or verbal reprimand; and

1 day detention or dorm restriction; and

Phone parent; and

Contact social worker

Counseling or verbal reprimand; and

2 day detention or dorm restriction; and

Phone parent; and

Contact social worker

Counseling; and

3 day dorm restriction or 1-3 day OCR or suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and

Phone parent; and

Contact social worker

Sexual harassment

Words, signs, body movements, vocalization, inappropriate touching, and/or gestures that make someone feel nervous or uncomfortable (SXH)

Counseling or verbal reprimand; and

1 day detention or dorm restriction; and

Contact social worker; and

Write apology letter; and

Phone parents

7 day dorm restriction; and

No on-campus privileges; and

Counseling; and

Contact social worker; and Write apology letter; and

Phone parents

Phone parents; and

3-day OCR or suspension; and

Contact social worker; and

Write apology letter; and

2 weeks minimum in Behavior Transition in the dormitory

Bullying (Level 1)

Bullying is: aggressive behavior that is intended to cause distress or harm; exists in a relationship in which there is an imbalance of power or strength; and is repeated over time (BUL)

1 day detention; and

Dorm restriction; and

Bullying counseling

Lunch detention; and

Bullying article with homework; and

3 day dorm restriction

Meet with police officer; and

Call parents; and

5 day dorm restriction

Other (OT1)

Staff of the Schools reserve the right to use professional discretion to classify infractions not listed in this chart as Level 1 infractions. The Schools recognize that factors such as mitigating circumstances and new situations can have an impact on incidents. (OT1)

Consequences decided upon severity of offense  

 

Level 2

Definition

1st Offense

2nd Offense

3rd Offense

Use of tobacco products on school grounds

Tobacco use is prohibited on school grounds (see smoke-free environment policy) (SMI)

1 day detention or dorm restriction; and

No use of tobacco products

3 day detention or dorm restriction; and

No use of tobacco products; and

Phone parents

7 day detention or dorm restriction; and

No use of tobacco products; and

Phone parents

Use of tobacco products for students under 18

Tobacco use is prohibited for students under 18 (SMU)

1 day detention or dorm restriction; and

No use of tobacco products

3 day detention or dorm restriction; and

Phone parents; and

No use of tobacco products

7 day detention or dorm restriction; and

Phone parents; and

No use of tobacco products

Cutting class

Being absent from class without authorization (CUT)

Extra work; and

1 day detention

Extra work; and

2 day detention; and

Phone parents

Extra work; and

3 day detention; and

Phone parents

On or off campus without permission

Being on or off campus without proper authorization or notification to staff (PER)

Revoke on-campus and off-campus privileges for up to 2 weeks; and

Phone parents

Revoke on-campus and off-campus privileges for up to 1 month; and

Phone parents

Revoke on-campus and off-campus privileges for up to 1 semester; and

Phone parents

Unauthorized distribution of printed materials, videos and video games

The sharing of inappropriate and unacceptable computer, hard-copy, video, or any other commercially produced materials with other students and/or staff members (UND)

Counseling or verbal reprimand; and

1 day detention or dorm restriction

2 day detention or dorm restriction; and

Phone parents

Phone parents; and

Dorm restriction; and

Possible 1 day OCR-School(S)/OCR-Dorm(D) or suspension

Disrespect or insub-ordination

Failing to follow directions given by a staff member; being disrespectful to a staff member or another student (DIN)

Counseling or verbal reprimand; and

1 day detention or dorm restriction or possible 1 day OCR or suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Phone parents; and

2 day detention or dorm restriction; and

Possible 1-2 day OCR or suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Phone parents; and

Dorm restriction or possible 1-3 day OCR or suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Intimidation or threats to others

Verbal or physical action that may result in physical and/or emotional harm to others (INT)

Phone parents/ police; and

1 day detention; and

Dorm restriction; and

Counseling or possible 1 day OCR-S/OCR-D or suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Phone parents and police; and

2 day detention and dorm restriction or possible 1-2 day OCR or suspension; and 2 weeks minimum in Behavior Transition in the dormitory

Phone parents and police; and

Possible 1-3 day OCR or suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Threat to self

Verbal or physical action that may result in physical harm (TTS)

Threats to self will follow "Emergency Psychiatric Services" (see Individuals with Disabilities Education Act (PL105-17))

Fighting

Engaging in a physical struggle or conflict between 2 or more individuals with the malicious intent of causing pain or injury (FIG)

Police may be notified; and

1-2 day detention or dorm restriction, or possible 1-3 day OCR or 2 day suspension; and

Counseling; and

2 weeks minimum in Behavior Transition in the dormitory

Police may be notified; and

Phone parents; and

3-5 day detention or 3-5 day dorm restriction or

1-3 day OCR or 3 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Police may be notified; and

Phone parents; and

Dorm restriction or 2-3 day OCR or 5 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Sexual misconduct (Level 2)

Knowingly behaving in such a way that is in violation of School and social rules, policies and norms concerning sexual behavior, whether or not the individuals involved consent to the act (SXM)

7 day dorm restriction; and

No on-campus privileges; and

Counseling; and

Phone parents; and

Police may be notified

7 day room restriction; and

Counseling; and

No on-campus privileges; and

Phone parents; and

Police may be notified

Phone parents; and

3-10 day suspension from School; and

Police may be notified; and

2 weeks minimum in Behavior Transition in the dormitory

Theft under $100

Taking someone else's property without that person's permission – for the purpose of this offense, stealing is limited to items valued under $100 (THF)

Notify police and parents; and

Restitution; and

Counseling; and

1-5 day detention or dorm restriction

Notify police and parents; and

Restitution; and

1-3 day OCR or 3 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and

Counseling

Notify police and parents; and

Restitution; and

3 day OCR or 5-7 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and

Counseling

Trespassing

Entering the land, property or dormitory room of another person after receiving notice not to enter or when the person is not present (TRE)

3 day detention or dorm restriction; and

Counseling

Phone parents; and

Possible police intervention; and

1 day OCR-S/OCR-D or suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and

Counseling

Notify police and parents; and

3 day OCR or 5-7 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and

Counseling

Gambling

Betting or taking part in a game of chance or skill for money or material gain (GAM)

Notify police and parents; and

1 week detention or dorm restriction; and

Counseling

Notify police and parents; and

1-3 day OCR or suspension; and 2 weeks minimum in Behavior Transition in the dormitory; and

Counseling

Notify police and parents; and

3 day OCR or 5-7 day suspension; and 2 weeks minimum in Behavior Transition in the dormitory; and

Counseling

Criminal damage to property (under $100)

Destroying or damaging public or private property in a willful manner – for the purpose of this offense, property damage is limited to damage under $100 (VAN)

Restitution; and

Notify police and parents; and

Counseling; and

3 day dorm restriction or detention

Restitution; and

Notify police and parents; and

Counseling; and

1-3 day OCR or 3 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Restitution; and

Notify police and parents; and

Counseling; and

3 day OCR or 5-7 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Criminal damage to property (over $100)

The willful destroying or damaging of public or private property valued over $100 (CRI)

Restitution; and

Notify police and parents; and

Counseling; and

1-3 day OCR or 2 day suspension

Restitution; and

Notify police and parents; and

Counseling; and

3 day OCR or 3 day suspension

Restitution; and

Notify police and parents; and

Counseling; and

3 day OCR or 5-7 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Unlawful assembly

Forming or participating in a group of three or more persons to cause violence, to do unlawful acts, or to disturb others (UNL)

2 day detention or dorm restriction

Notify parents; and

3 day detention or dorm restriction

 

Notify parents; and

5 day detention or 5 day dorm restriction or possible 1-3 day OCR or 3 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Forgery

Forging any document or using a forged document (FOR)

1-3 day detention or dorm restriction; and

Notify parents and police

1-3 day detention or dorm restriction; and

Notify parents and police

Detention or dorm restriction or possible 1 day OCR-S/OCR-D or possible suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and

Notify parents and police

Other (OT2)

Staff of the Schools reserve the right to use professional discretion to classify infractions not listed in this chart as Level 2 infractions.

 

The schools recognize that factors such as mitigating circumstances and new situations can have an effect on incidents. (OT2)

Consequences decided upon severity of offense

 

Level 3

Definition

1st Offense

2nd Offense

Excessive violations

Students with multiple discipline code infractions (EXV)

Parent conference; and

Contact LEA; and

1-2 day OCR

1-3 day OCR or 3 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and

IEP-ER 

Absent from School without authorization

Absent from School without a valid excuse (AWA)

Phone parents; and

Contact LEA; and

1-5 day detention or dorm restriction; and

Counseling

Phone parents; and

Contact LEA; and

Possible 1-3 day OCR or 1-10 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory 

Truancy

See Sections 26-3d through 26-15 of the School Code [105 ILCS 5] (TRU)  

Gangs and secret societies

Recruitment for gang or cult membership; possession, display or use of gang or cult emblems, symbols or language inciting other students to intimidate, threaten or act with physical violence upon any other person (GSS)

Notify police and parents; and

Contact LEA; and

1-10 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and

Possible expulsion (If expulsion is chosen, an IEP-ER must be conducted.) 

Possession of illegal materials

Holding of any material that is statutorily illegal (ILL)

Confiscate materials; and

Notify police and parents; and 1-3 day OCR or 3 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory

Notify police and parents; and

Contact LEA; and

5-7 day suspension; and

2 weeks minimum in Behavior Transition in the dormitory; and

IEP-ER 

Threat to use dangerous weapon 

Any written or verbal threat to use a dangerous weapon to inflict harm on others (TEA)

Notify police and parents; and

Immediate suspension pending convening IEP  

Possession, use or transfer of a dangerous weapon

Possession, use or transfer of any item that is used with the intent of causing bodily harm (WEA)

Confiscate weapon; and

Notify police and parents; and

Contact LEA; and

ER  

 

(Source:  Amended at 38 Ill. Reg. 20215, effective October 8, 2014)